A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On December 9, 2011, the Defendant was sentenced to a suspended sentence of two months for a violation of the Road Traffic Act or a violation of the Road Traffic Act in the Ansan Branch of Suwon District Court on December 9, 201, and on May 25, 2012, the Defendant was released on March 29, 2013 and released on March 29, 2013 in a wooden prison on the parole of six months after being sentenced to imprisonment for the same crime in the same court on May 25, 2012.

4. 25. The parole period expired.

On January 8, 2014, the Defendant, without obtaining a driver’s license at around 01:07, driven C vehicles at a section of about 400 meters from the 117-9 East-ro, Jung-gu, Incheon, Jung-gu to the front of the 192 U.S. East-ro, Jung-gu, Incheon, with an alcohol concentration of 0.132%.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Report on the situation of driving without a license, and a driver’s license inquiry;

1. Previouss before and after judgments: Application of criminal history records, investigation reports ( repeated crimes of the accused, and similar military records and attachment of criminal records);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of punishment by law: Imprisonment for not less than six months nor more than three years; and

2. Determination of sentence: Imprisonment with prison labor for 8 months (limited to reasonable circumstances) (limited to the accused's reflectivity and traffic crimes) and fines of 2.5 million won for any violation of the Act on Special Cases concerning the Settlement of Traffic Accidents on January 30, 2004, other than those specified in all criminal records; and

7.1. A fine of 2.5 million won for a violation of the Road Traffic Act or a violation of the Road Traffic Act, or a fine of 2.5 million won;